MTN mPulse Terms of Service

This General Terms of Service (this “TOS”), as may be modified or amended periodically by MTN Nigeria Communications Plc. (“MTN”) is a legally binding agreement made by and between MTN and YouYou, personally and, if applicable, on behalf of the entity for whom You are using MTN mPulse (“the Service”)YouYou. “You” and “Your” means the individual or legal entity using the service.

BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS TOS. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE THE SERVICE. UNLESS OTHERWISE EXPRESSLY STATED, MTN DISCLAIMS ANY AND ALL WARRANTIES WHETHER PROVIDED BY MTN, ITS AFFILIATES, OR ITS RESPECTIVE EMPLOYEES AND AGENTS.

CHANGES TO TERMS

MTN may periodically modify and supplement these TOS, with or without notice to You. You are responsible for regularly checking these TOS for revisions.

GRANT OF RIGHTS

Subject to Your compliance with the terms and conditions of this TOS, MTN grants You a limited, non-exclusive right to use the Services, and any content and materials made available to You in connection with Your use of the Service.

TERMINATION

You may stop using the Services at any time and MTN may terminate Your access to the Services in whole or in part if it reasonably believes You have breached this TOS, or any other related terms, guidelines or policies. Following termination, You will not be permitted to use the Services.

INTELLECTUAL PROPERTY RIGHTS

Using the Services does not give You ownership of or any rights to any materials or content that may be provided to You in connection with Your use of the Services, all of which is owned by MTN, its licensors, or other entities, and is protected by copyright and other intellectual property rights. Except as expressly set forth in this TOS, You may not use, display, perform, copy, reproduce, represent, adapt, create derivative works from, distribute, transmit, sublicense or otherwise circulate by any means whatsoever any materials or content made available to You in connection with Your use of the Services, without express permission from the owner or MTN (as applicable). Using the Services does not give You any rights to use any trademarks, service marks, trade dress, trade names, or the likes, without express permission from the owner.

PROHIBITED CONDUCT

You may use the Services and any materials or content made available to You in connection with Your use of the Services only as expressly permitted by this TOS and only in a manner that does not interfere with MTN’s right or ability to provide the Services or any third party’s right or ability to use or enjoy the Services, or any Law.

You represent and warrant that You will not post any of the following:

Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.

Unauthorised use of the Service will give MTN a right to a claim for damages and/or be a criminal offence.

If You see objectionable content in the course of Your use of the Services, You may report such content to MTN by contacting MTN customer service or through any other applicable reporting means as provided through the Services. MTN reserves the right to address such requests in any manner in its sole discretion. You are responsible for the safety of Your account and Your password. You will immediately notify MTN if You become aware of any unauthorised use of, or access to the Service through Your account, including any unauthorised use of Your password or account.

CHANGES

MTN may change or discontinue any of the Services at any time without notice or liability to You or any third party. Subject to the foregoing, MTN also reserves the right to change these terms and conditions at any time without notice. By accepting these Terms and Conditions, You will be deemed to have accepted these and any varied terms and conditions.

PLAYLIST

Youtube playlists are accessible via the Service. MTN shall not be liable for Your use of the video content accessed on YouTube. In addition to these TOS, You shall be subject to and agree to comply with the Youtube terms and conditions in accessing the Youtube playlists. Youtube’s terms and conditions can be accessed via the following link: https://www.youtube.com/static?template=terms.

PRIVACY POLICY

You agree that MTN may collect, use, and share Your information in accordance with MTN’s Privacy Policy.

FEEDBACK

If You submit ideas, suggestions or anything else about the Services (such as ways to improve the Services) to MTN, You agree that such information is non-confidential and MTN can use or publish that feedback for any reason, without payment or other compensation to You, forever and throughout the world. You agree not to submit any feedback to MTN in which You do not wish to grant such rights.

OPPORTUNITIES FOR YOU

By participating in any competition(s) via the Service, You agree to comply with the terms and conditions of such competition(s). Where such competition(s) is provided by a party other than MTN (a”Third Party”),MTN shall not be liable for any information supplied by you to such Third Party for and MTN shall not be held liable for such Third Party’s use of the information provided.

DISCLAIMERS, EXCLUSIONS, LIMITATIONS

• DISCLAIMER OF WARRANTIES. MTN PROVIDES THE SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS. MTN DOES NOT REPRESENT OR WARRANT THAT THE SERVICES, THEIR USE, ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES: (I) WILL BE UNINTERRUPTED OR SECURE, (II) WILL BE FREE OF DEFECTS, DELAYS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH HARDWARE OR SOFTWARE YOU USE. MTN MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS TOS, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT. MTN MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY THIRD PARTY MATERIALS OR INFORMATION WHETHER RECEIVED OR ACCESSED VIA ANY LINKS PROVIDED BY OR IN CONNECTION WITH THE SERVICES OR OTHERWISE.

• EXCLUSION OF DAMAGES.

  MTN will not be liable to You or any third party for any consequential, incidental, indirect, punitive or special damages (including, without limitation, damages relating to lost profits, lost data or loss of goodwill) arising out of, relating to or connected with the use of the services.

• LIMITATION OF LIABILITY.

  In no event will the aggregate liability of MTN arising from, relating to, or in connection with this TOS or the Services exceed the amount that You paid MTN for Your use of the services.

  Except as may be specifically provided in this Agreement, neither party shall be liable to the other for any type of special, indirect and/or consequential losses or damages arising under statutory or common law, including but not limited to loss of profits, loss of business opportunities, loss of income, loss of use, loss of goodwill, loss of revenue or third party claims.

• INDEMNITY

  You agree to indemnify, defend and hold MTN and its employees, representatives, agents, attorneys, affiliates, directors, officers, members, managers and shareholders (“Indemnified Parties”) harmless from any damage, loss, cost or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third party claim, demand or action (“Claim”) brought or asserted against any of the Indemnified Parties: (i) alleging facts or circumstances that would constitute a breach by You of any provision of this TOS or (ii) arising from, related to, or connected with Your use of the Services.

  GOVERNING LAW

  This TOS shall be governed in accordance with the Laws of the Federal Republic of Nigeria.

  User Generated Content Terms

  IF YOU USE THE SERVICES TO SUBMIT OR GENERATE CONTENT, THEN IN ADDITION TO THE PROVISIONS OF THE GENERAL TERMS OF SERVICE, THE FOLLOWING ADDITIONAL TERMS WILL APPLY TO YOU. SUCH CONTENT IS REFERRED TO BELOW AS “USER GENERATED CONTENT.”

  1. MTN reserves the right, but not the obligation, to refuse to post or remove any User Generated Content at MTN’s sole and absolute discretion.
  2. You represent and warrant that You will not post any of the following:
     • Any content that is unlawful, harmful, offensive, threatening, abusive, harassing, invasive of privacy or publicity rights, defamatory, libelous, vulgar, obscene, pornographic, indecent, lewd, suggestive, profane, hateful, racially, ethnically or otherwise objectionable or inappropriate material of any kind, including, but not limited to, any content that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law;
     • Political campaigning, chain letters, mass mailings of any kind or any form of SPAM, or reviews that contain the transmission, distribution or delivery of any unsolicited bulk or commercial e-mail;
     • Assertions of unlawful conduct, including occurrences of illegal activity, malpractice, purposeful overcharging, or health code violations, or false, misleading, deceptive or fraudulent advertising, including savings claims that do not offer provable savings;
     • Individual information of other users or messages soliciting the submission of, email addresses, URLs, phone numbers, postal addresses and/or other personally identifiable information;
     • Any content that may infringe any patent, trademark, trade secret, publicity rights, copyright or other intellectual or proprietary right of any party;
     • Any content that makes reference to or involves gambling, casinos, off-track betting, or other gambling of any form;
     • Any content that involves alcohol, tobacco, controlled or illegal substances, or weaponry, or that promotes or has a connotation to any illegal activity;
     • Reviews that appear to be exclamatory or otherwise appear to be purposefully deceptive or not based on personal knowledge or experience, as determined by MTN in its sole discretion;
     • Any content that is promotional or commercial in nature, or is inappropriate or inaccurate based on the applicable subject matter, location or topic;
     • Content that violates any standards or policies of MTN as determined by MTN in its sole discretion;
     • Content that impersonates, disguises or conceals the identity of any person or entity or otherwise misrepresents a user's affiliation with a person or entity;
     • Content that is not legible, that contains viruses, malware, trojan horses, worms, time bombs, cancelbots or other computer programming code or routines that are intended to interfere with, damage, erase, intercept or appropriate any system, data or personal information; and
     • Content that is intended to annoy, harass or anger other users, (e.g., “trolling”).
  3. If You see objectionable content in the course of Your use of the Services, You may report such content to MTN by contacting MTN customer service or through any other applicable reporting means as provided through the Services. MTN reserves the right to address such requests in any manner in its sole discretion.
  4. By contributing content to the site, You automatically grant MTN an irrevocable and perpetual, non-exclusive, transferable, fully-paid, royalty-free worldwide license, by ourselves or with others to use, copy, distribute, publicly perform, publicly display, print, publish, reformat, translate, modify, revise and incorporate into other works, in any form of media or expression.
  5. You also represent that You own all intellectual property in any content You contribute. You must not upload or contribute any content not originally created by You, or any content which is not properly licensed to You for uploading or contributing.